2255/2026 Const. P. Muhammad Arif Sitai & another (Petitioner) V/S Province of Sindh & others (Respondent)

Sindh High Court2026

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Hasan (Akber)

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2255/2026 Const. P. Muhammad Arif Sitai & another (Petitioner) V/S Province of Sindh & others (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Hasan (Akber) Order Date: 21-MAY-26 In view of the foregoing, the impugned denial based on the 2016 Gazette notification and alleged structural differences is legally unsustainable. The petitioners are entitled to consideration for promotion and/or time-scale benefit strictly in accordance with Rule 10 of the 2006 Rules, along with all consequential benefits. The respondents??? inaction is arbitrary, discriminatory, and violative of Articles 4 and 25 of the Constitution, and the petitioners cannot be deprived of their lawful promotional rights due to administrative delay or absence of policy finalization. 22. Accordingly, the petition is disposed of with direction to the competent authority of respondents to convene the Departmental Promotion Committee within three weeks and consider the petitioners' case for promotion from BPS-18 onwards strictly in accordance with law. In case the DPC is not convened within three weeks, the petitioners shall be extended time-scale/incentive benefits on parity with similarly placed officers in terms of judgment dated 01.06.2021, and orders passed in C.P. No. D-1736 of 2013, C.P. Nos. D-3377 of 2022 and D-1544 of 2025, along with all consequential service benefits. The impugned order dated 16.02.2026 is accordingly declared to be contrary to settled principles of service jurisprudence and the ratio of the judgments of this Court in C.P. No. D-1736 of 2013 and C.P. No. D-1544 of 2025. 23. All pending application(s), if any, stand disposed of in the above terms.
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